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| Adjustment of 11 HC sr asstts as head asstts: DB dismisses appeal | | | EARLY TIMES REPORT
JAMMU, Sept 05: In a case of the adjustment of 11 high court senior assistants as
head assistants, a HC division bench of Justice Mansoor Ahmad Mir and Justice
Hasnain Massodi have dismissed the appeal filed against the writ court order.
Two LPAs were filed against the judgment of writ court passed on April 22 last year
whereby it had quashed the adjustment orders of 11 HC senior assistants as head
assistants as they did not fulfill the qualification as mentioned in the HC service rules.
The division bench dismissed the appeal with the observation that April 25, 1987, was
taken as a dividing line in the HC order on the premise that recruitment rules on the
said date witnessed change in qualification at the entry level prescribed in the exercise
of powers under rules 6 of J&K HC staff (condition of service) Rule 1968.
However, as long as April 25, 1987, was the prescribed cut off date in terms of High
Court order No 579 of October 24, 2008, it was to be adhered to while exercising
power for relaxation in qualification.
The Chief Justice may, however, examine the matter and redefine the power to order
relaxation in qualification.
The DB observed that Chief Justice having been vested with the power in terms of
Rule 6 to prescribe qualification "from time to time" may any time revoke, alter, modify
and amend the High Court order No 579 of October 24, 2008, to prescribe the limit of
power to make relaxation in qualification or/and prescribed experience.
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